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Hearsay Evidence in Custody Cases
An admission ' an act or declaration of a party or his agent that constitutes evidence against the party at trial ' is an exception to the rule against hearsay. As a general rule, any declaration or conduct of a party or his agent, oral or written, that is inconsistent with that party's position at trial is admissible at trial as an admission. Read v. Mc Cord, 160 NY 330 (1899); Prince, Richardson on Evidence, 11th Edition, 8-201. An example of an admission is a party's statement of net worth. Fassett v. Fassett, 101 App Div 2d 604 (3d Dept. 1984) (valuation in statement of net worth of husband is an informal judicial admission).
In those custody cases in which former spouses have remarried, visitation issues are sometimes complicated by the new spouse's role in the household as part-time caretaker for the children ' or even just as the person who answers the telephone as the self-proclaimed spokesperson for the former spouse. When the new spouse plays an active role in the visitation process, contact between the former spouse and new spouse is inevitable, and may bring up evidentary problems.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.